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NY Marijuana Laws

June 19, 2014, Assembly Bill 6357, was approved and signed into law by the New York Governor Andrew Cuomo on July 05, 2014 (effective upon signature), effectively removing all state-level criminal penalties on the use and possession of marijuana by patients in possession of a written letter from a physician stating that he or she may benefit from the medical use of marijuana for alleviating symptoms caused by debilitating medical conditions and their medical treatments.

Physicians are required to complete a four-hour New York State Department of Health (department-approved) course, as well as register directly with the Department as a course accredited physician, qualified to certify patients, in order to become a certified medical marijuana physician in New York.
Under the New York medical marijuana law, the smoking of cannabis as a delivery method is strictly prohibited, and patients are also prohibited from cultivating and having access to any plant material.

November 11, 2015, New York Governor Andrew Cuomo signed a bill, enabling an expedited certification process for patients who are seriously il, and the subsequently allows marijuana producers to register “as expeditiously as practicable”.

January 07, 2016, with the opening of eight (of the expected twenty) dispensaries statewide, the New York medical marijuana program officially launches.

In August 2017, the NY medical marijuana program was expanded to include new products, new dispensary procedures, a shortened certification process for doctors, and changes that will make growing medical marijuana legal. Patients will be able to walk into dispensaries and speak with an RO representative about their treatment options. Further, doctors will be able to take a two-hour long version of the online certification program, a faster way to get certified to recommend medical marijuana. Physicians will still have to meet the following qualifications: qualified to treat patients with qualifying conditions, licensed and in good standing with the state of NY, and registration for the DOH after completing the course. The expansion of the NY program was approved and goes into effect in Dec 2017.

In September 2017, patients will be able to use lotions, ointments, chewables, lozenges, and patches to treat qualifying conditions. However, the state program continues to only allow non-smokable forms of medical marijuana.

As of October 2017, hospitals, nursing homes, and other care facilities can register as caregivers in order to obtain medical marijuana for patients in facilities who are unable to receive their medical marijuana themselves.

In June 2018, the New York State Department Health included opioid use in the list of qualifying conditions for medical marijuana. This was further expanded in July 2018 when emergency regulations made any condition for which an opioid could be prescribed a qualifying condition for medical marijuana.

New York Marijuana Possession and Cultivation Law

Marijuana and its synthetic “equivalents” are considered a Schedule I narcotic substance under New York’s Public Health Law. Synthetic equivalents include resinous extracts and cannabis derivatives that contain similar chemical properties.

For a first-time offender, the possession of up to 25 grams of marijuana is considered punishable by a fine of $100. If an additional offense occurs within three years of the first marijuana offense, possession of up to 25 grams of marijuana is punishable by a fine of $200. For the third or subsequent offense(s) within a three-year period, possession of up to 25 grams of marijuana is punishable by a fine of $250 and/or imprisonment of 15 days or less. Possession of marijuana in excess of 25 grams but less than 2 ounces is a class B misdemeanor and is punishable by no more than 3 months imprisonment. Possession of marijuana in excess of 2 ounces but less than 8 ounces is a class A misdemeanor and is punishable by no more than 1 year of imprisonment. Possession of marijuana in excess of 8 ounces but less than 16 ounces is a class E felony and is punishable by no more than 4 years of imprisonment. Possession of marijuana in excess of 16 ounces but less than 10 pounds is a class D felony and is punishable by no more than 7 years of imprisonment. Possession of marijuana in excess of 10 pounds is a class C felony and is punishable by no more than 15 years of imprisonment.

Growing cannabis is a class A misdemeanor and is punishable by up to 1 year of imprisonment and/or a fine of up to $1000. *While technically cultivation of any amount of marijuana is a misdemeanor, a person who cultivates marijuana is also “possessing” marijuana under current case law. Parmeter v. Feinberg affirms the state’s ability to charge a person with the crime of “cultivation” and “possession” any time a person is caught growing marijuana. This means the more marijuana that a person cultivates the more severe the degree of possession that the state can charge.”

New York Marijuana Distribution Law

Exchange without payment of fewer than 2 grams of marijuana and/or one marijuana cigarette is a class B misdemeanor and is punishable by no more than 3 months imprisonment.

Sale of marijuana in any amount to a person under 18 years of age is a class D felony and is punishable by up to 7 years of imprisonment.

Sale of marijuana in an amount less than 25 grams is a class A misdemeanor and is punishable by no more than 1 year of imprisonment. Sale of marijuana in an amount greater than 25 grams but less than 4 ounces is a class E felony and is punishable by up to 4 years of imprisonment. Sale of marijuana in an amount greater than 4 ounces but less than 16 ounces is a class D felony and is punishable by up to 7 years of imprisonment. Sale of marijuana in excess of 16 ounces is a class C felony and is punishable by up to 15 years of imprisonment.

Using a child to assist in the sale of marijuana is a class E felony and is punishable by no more than 4 years of imprisonment. This offense includes hiding marijuana on a child or otherwise directing a child to assist in a marijuana sale.

New York Marijuana Trafficking Law

A person is considered a major trafficker of marijuana if they do one of the following: Act as the director of an organization, which sells $75000 worth of marijuana over the course of a year or less; collect $75000 or more from sales of marijuana over the course of 6 months or less; possess with intent to sell $75000 or more of marijuana over the course of 6 months or less. If one or more of the above are satisfied the person may be charged as a major trafficker, this is a class A-I felony and is punishable by 15-25 years of imprisonment.

New York Hash & Concentrates Law

The term ‘Marihuana’ as used in the New York Criminal code is defined as including both plant-form Marihuana and Concentrated Cannabis. Marihuana is listed as a Schedule 1 drug on the New York Controlled Substances Schedule. Concentrated Cannabis is defined as the separated resin of the Cannabis plant, whether purified or raw, or any mixture or preparation containing at least 2.5% THC. Unlike most other states, New York uses the term Tetrahydrocannabinols exclusively to refer to synthetic cannabinoids, not Concentrates. New York does not apply its Marihuana decriminalization law to Concentrated Cannabis. There is no explicit justification for this in the statute, but specific penalties for offenses involving Concentrated Cannabis are separated from those involving plant-form Marihuana and the distinction is noted in case law.

New York Marijuana Possession Penalties

For a first offender, possession of up to 25 grams of marijuana is punishable by a fine of $100.

For the 2nd offense within three years of the first offense, possession of up to 25 grams of marijuana is punishable by a fine of $200.

For the third or subsequent offense(s) within a three-year period, possession of up to 25 grams of marijuana is punishable by a fine of $250 and/or imprisonment of 15 days or less. Possession of marijuana in excess of 25 grams but less than 2 ounces is a class B misdemeanor and is punishable by no more than 3 months imprisonment.

Possession of marijuana in excess of 2 ounces but less than 8 ounces is a class A misdemeanor and is punishable by no more than 1 year of imprisonment.

Possession of marijuana in excess of 8 ounces but less than 16 ounces is a class E felony and is punishable by no more than 4 years of imprisonment. Possession of marijuana in excess of 16 ounces but less than 10 pounds is a class D felony and is punishable by no more than 7 years of imprisonment. Possession of marijuana in excess of 10 pounds is a class C felony and is punishable by no more than 15 years of imprisonment.

New York Marijuana Intent To Sell Penalties

Exchange without payment of fewer than 2 grams of marijuana and/or one marijuana cigarette is a class B misdemeanor and is punishable by no more than 3 months imprisonment.

Sale of marijuana in any amount to a person under 18 years of age is a class D felony and is punishable by up to 7 years of imprisonment.

Sale of marijuana in an amount less than 25 grams is a class A misdemeanor and is punishable by no more than 1 year of imprisonment. Sale of marijuana in an amount greater than 25 grams but less than 4 ounces is a class E felony and is punishable by up to 4 years of imprisonment. Sale of marijuana in an amount greater than 4 ounces but less than 16 ounces is a class D felony and is punishable by up to 7 years of imprisonment. Sale of marijuana in excess of 16 ounces is a class C felony and is punishable by up to 15 years of imprisonment.

New York Marijuana Cultivation Penalties

Growing cannabis is a Class A misdemeanor and is punishable by up to 1 year of imprisonment and/or a fine of up to $1000.

New York Marijuana Paraphernalia Penalties

Possession or sale of scales or balances for the purpose of weighing or measuring marijuana is a class A misdemeanor and is punishable by up to 1 year of imprisonment. Any subsequent conviction of possession or sale of paraphernalia is a class D felony and is punishable by up to 7 years imprisonment and a fine of up to $5000.

* Please note: A person is considered a major trafficker of marijuana if they do one of the following:

Act as the director of an organization, which sells $75000 worth of marijuana over the course of a year or less; collect $75000 or more from sales of marijuana over the course of 6 months or less; possess with intent to sell $75000 or more of marijuana over the course of 6 months or less. If one or more of the above are satisfied the person may be charged as a major trafficker, this is a class A-I felony and is punishable by 15-25 years of imprisonment.

* If convicted of a felony offense the following may be forfeited, unless the forfeiture would be disproportionate from what the defendant gained from the offense: the proceeds from the offense, instruments used in the offense (including a car).